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Facilitator Guide

Pleadings

What’s covered

  • Complaints 
    • Pre-filing investigation
    • The format and parts of a complaint
    • Factual allegations: how to allege facts in a complaint
    • Legal and strategic considerations in drafting a complaint 
  • Answers 
    • Procedure for filing an answer
    • The format and parts of an answer
    • Responding to factual allegations
    • Defenses, counterclaims, and cross-claims

Before the session

Prepare the Attendees

Send the attendees an invitation for the session. Include this link, which has the videos and exercise they’ll need to prepare.

https://www.hotshotlegal.com/discussions/pleadings/attendee

Prepare Yourself

Watch the videos and read the exercise so you’re familiar with the Hotshot material.

  • still frame from Answering a Complaint

    Course

    Answering a Complaint

    Answers respond to the allegations in a complaint. This course covers the main parts of an answer, how to respond to factual allegations, affirmative defenses, counterclaims, and cross-claims.

  • still frame from The Complaint

    Course

    The Complaint

    The complaint is the pleading that formally starts a lawsuit. This course provides an introduction to complaints, including the typical structure and content, pre-filing considerations, and ethical obligations when filing a complaint.

  • Icon of a document

    Exercise

    PDF

During the session

Part 1: Knowledge Check

Ask attendees these questions to ensure they understand the topic:

  • What are the ethical responsibilities of a lawyer filing a complaint on behalf of their client?
  • What words do you use in a complaint for allegations you don’t personally know but have reason to believe are true?
  • What are the parts of a typical complaint?
  • What’s the purpose of the Jurisdiction and Venue section in a complaint?
  • What’s a conclusory allegation?
  • What does pleading standard mean?
  • What are the strategic considerations in deciding how much detail to include in a complaint?
  • What’s the main purpose of an answer, and what other sections might one include?
  • What rules should be consulted when preparing an answer?
  • When drafting an answer, what are the available responses to each allegation?
  • What’s the best way to respond to an allegation that quotes or refers to a document?
  • What are affirmative defenses?
  • What’s the difference between a counterclaim and a cross-claim?
Part 2: Group Exercise

Lead a group discussion based on the exercise. To encourage collaboration, divide the attendees into groups to discuss the exercise, then have a representative from each group summarize their views to the larger group. Call on people to share their thoughts and ask others to respond.

Tip for remote sessions: use your web conferencing system’s breakout room feature to divide people into groups.

Part 3: War Stories and Firm Specifics

Share your own experiences and guidance, including:

  • Anecdotes and war stories (e.g., about a near-disaster or a tough negotiation)
  • General practice tips (dos and don’ts)
  • Firm-specific guidance and practices

After the session

To continue their learning, attendees can check out related courses in Hotshot's Civil Litigation Basics topic.